Court may allow lawyers to give advice on medical marijuana in Ohio

Ohio lawyers may be allowed to advise clients on medical marijuana issues, without running into ethics problems, if a proposed rule change gets approved.

The Ohio Supreme Court on Wednesday published a proposed rule change to clarify the ethics of lawyers under Ohio’s new medical marijuana law, which takes effect Sept. 8. The court will take public comment on the proposed rule through Sept. 18.

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The proposed rule says a lawyer may counsel or assist a client regarding conduct permitted by the new state law but must also advise the client about related federal law. Despite Ohio’s new medical marijuana statute, the drug remains illegal under federal law.

The need to clarify the services that attorneys may offer cropped up after the independent Board of Professional Conduct issued a non-binding advisory opinion that said lawyers could run into ethical problems if they provide legal assistance to clients regarding the new medical marijuana law.

Ohio Supreme Court Chief Justice Maureen O’Connor said the court will move swiftly but with due diligence.

“We will revisit the issue after examining public comments, which serve as a backstop to identify any unintended consequences that haven’t been uncovered so far,” she said in a written statement.

Gov. John Kasich signed House Bill 523 into law on June 8.

It lays out a framework and time line for regulating the new industry through the state Department of Commerce, Pharmacy Board and Medical Board of Ohio. It lists 19 qualifying conditions for patients to be eligible for medical marijuana. It prohibits home grow and smoking cannabis and allows employers to dismiss workers who violate their workplace drug policies.

But the new law leaves much of the detail work to the regulators: how will cultivation licenses be granted? how many patients will likely qualify? how many doctors are likely to seek certification? how many growing sites and dispensaries will be needed to meet demand?

The State Controlling Board recently released $1.8 million to cover initial costs of regulating the budding new industry. The Ohio Pharmacy Board, which will receive $882,400 of the $1.8 million, will hire oversight staff, update its prescription reporting system, license medical marijuana dispensaries and operate the Ohio Medical Marijuana Advisory Committee. The state commerce department, which will receive $923,077, will license growers, processors and testing labs.